TY - ADVS AU - Stipanowich,Thomas J. TI - Managing business conflict: the use of "alternative dispute resolution" in business disputes T2 - Negotiations and bargaining : how to get what you want when you interact with others PY - 2013/// CY - London PB - Henry Stewart Talks KW - Arbitration and award KW - United States KW - Conflict management KW - Dispute resolution (Law) N1 - Animated audio-visual presentation with synchronized narration; Title from title frames; Contents: Crisis in U.S. litigation -- Vanishing trial -- Reasons for reduction in trial -- E-discovery concerns -- Cuts in court funding -- Need for tailored approaches to conflict resolution -- Landmark survey of corporate counsel -- Policies of Fortune 1,000 companies -- Reasons companies using ADR (alternative dispute resolution) -- Corporate experience with various forms of ADR -- Mediation -- Frequency of use of mediation for different kinds of disputes -- Mediation vs. arbitration -- Frequency of use of arbitration for different kinds of disputes -- Commercial mediation and arbitration -- Employment mediation and arbitration -- Consumer mediation and arbitration -- Likelihood of future corporate use of mediation and arbitration -- Lessons from recent survey -- Potential benefits of mediation -- Earlier studies of results, satisfaction with mediation -- Estimated savings with mediation -- Mediation outcomes in cases involving relationships -- Recent growth areas for mediation -- Mediation of intellectual property disputes -- Mediation of international commercial disputes -- Myths about mediation -- Trends in mediation -- Mediator as case manager -- Reasons businesses use arbitration -- Trends in arbitration -- International arbitration -- Arbitration as a choice-based process -- Problems with companies not exercising choice options in arbitration -- Reasons companies do not use arbitration -- Addressing concerns about arbitration awards -- Concerns about lack of appeal in arbitration -- Appellate arbitration -- Contractually expanded judicial review of arbitration awards -- Concerns about arbitrator compromise -- Concerns about costs and delays in arbitration -- Share responsibility for costs and delays in arbitration -- Protocols for expeditious, cost-effective commercial arbitration -- Expanded use of arbitration in employment and consumer cases -- Public policy limits on arbitration -- Preemption of state law by federal arbitration law -- Unconscionability as a policing tool for courts -- Arbitrability issues -- Recent Supreme Court decisions -- Rent-A-Center, West v. Jackson -- AT&T Mobility v. Concepcion -- class action waivers and arbitration agreements -- Congressional responses to Supreme Court decisions on arbitration -- Multi-step dispute resolution processes -- Hybrid processes (med-arb) -- Early Case Assessment -- Real-time approaches to conflict in business relationships -- Workplace conflict resolution systems -- Early neutral evaluation -- Evolving dispute resolution roles for lawyers -- Impact of online dispute resolution and information technology -- Keys to effective conflict management -- Changing approaches for businesses and counsel -- Conflict management checklist; Access restricted to subscribers UR - http://hstalks.com/lib.php?t=HST135.3593&c=250 UR - http://hstalks.com/lib.php?t=HST135&c=250 ER -